HomeMy WebLinkAboutReso 1988-13677 RESOLUTION NO. 13677
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING AB 2751 AND SB 20?3
RELATING TO INCREASED PENALTIES FOR DRIVING
UNDER THE INFLUENCE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, driving under the influence has been an
increasingly serious problem, and
WHEREAS, the cost to society of injuries, death, and
property damage is unacceptable, both in terms of economic loss
and emotional pain and suffering suffered by victims and their
families, and
WHEREAS, AB 2751 and SB 2073 are both currently pending
in the California State Legislature and both would increase the
penalties for driving under the influence.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does request that the League of
California Cities, assembled in Annual Conference in San Diego,
~ctober 16, 1988, as well as the San Diego County Legislative
~legation, support the passage of both AB 2751 and SB 2073.
Presented by Approved as to form by
4407a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
]HUL.. VISTA, CALIFORNIA, this 19th day of july
88
9 __, by the following vote, to-wit:
~YES: Councilmembers Malcolm, Moore, McCandliss, Nader
~AYES: Councilmembers None
XBSTAIN: Counci lmembers None
~BSENT: Counci linetubers Cox
of the City of Chulo Vista
,TTEST~
TAI~_ JF CALIFORNIA )
OUNTY OF SAN DIEGO ) ss.
'TY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifarnio,
HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13677 .. ,ond thor the some hos not been omendad or repeoled
~TED
City Clerk
C!IY OF
CHULA VISTA
-660 / '~: r,) r'2
Attachment 1
MINIHiM DUI SENTENCING OPTIONS
r 2 .~ 4 5 6 7
OFFENDER PUNISHABLE PROeATION TREATMENT/ PiNE L[CENSE JAIL TiME
CATEGORY UNDER CVC EDUCATION ACTION (JT) *
A FIRST 25160 N/A N/A $390 TO $I,000 6 MONTHS 4 DAYS TO 6 MONTHS
25152 + + PENALTY ASSESSMENT SUSPENSION CAN BE SERVED ON NON-
a FIRST 25161(A)(1) 5 TO 5 FOP** $3~0 TO $1,000 N/A 48 HQIJRS TO 6 HONTHS
21.152 + + iS) YEARS + PENALTY ASSESSHENT
m. FIRST Z~lbl(A)(Z) 5 TO 5 FPOw* $1.90 TO $I/000 90 OAY N/A
25152 + + (B) YEARS + PENALTY ASSESSMENT RESTRICTION
) SECOND 25165 H/A H/A $]90 TO $1,000 18 MONTHS 90 DAYS TO ONE YEAR
25152 + + PENALTY ASSESSMENT SUSPEHSION
(KITHIN 7 YEARS)
.-' SECOND Ztl(~(A) 5 TO 5 N/A $5~0 TO $1,000 18 MONTHS 10 DAYS TO ONE YEAR
25152 + YEARS + PENALTY ASSESSMENT SUSPENSION
(K|TH[N 7 YEARS)
: SECOND 21.166(B) 1. TO 5 SB-38'** $590 TO $1,000 ONE YEAR 2 DAYS TO ONE YEAR//
25152 + YEARS + PENALTY ASSESS/lENT RESTRICTION
(~J~T.I~H T YEARS)
.; THIRD 2~'J90 N/A N/A $390 TO $1,000 THREE YEAR 120 DAYS TO ONE YEAR
21.152 + + PEHALTY ASSESSMENT REVOCATION
(uITHIH 7 YEARS)
4 THIRD 23171(A) 5 TO 5 N/A $390 TO $I,000 THREE YEAR 120 DAYS TO OHE YEAR
23152 + YEARS + PENALTY ASSESSRENT REVOCATiON
(KITHIH 7 YEARS)
; THIRD 25171(8) 5 TO 5 S9-58'** $t.90 TO $1,000 THREE YEAR 120 DAYS TO ONE YEAR
23152 + YEARS + PENALTY ASSESSMENT REVOCATiON
(I4ITHIN 7' YEARS)
FOURTH ON 21.175 N/A N/A $390 TO $I,000 FOUR YEAR 180 DAYS TO ONE YEAR
SUBSEOUENT 21.152 + + PENALTY ASSESSMENT REVOCATiON
(KITHIN 7 YEARS)
FOURTH OR 2~176(A) 5 TO 5 N/A $590 TO $1,000 FOUR YEAR 180 DAYS TO ONE YEAR
SUBSE~IJENT 23152 + YEARS + PENALTY ASSESSMENT REVOCATION
(KITHIN 7 YEARS)
FOURTH OR ?.3176(B) 5 TO 5 SS-]8*** $5~0 TO $1,000 FOUR YEAR 180 DAYS TO ONE YEAR
SUSSEOUENT 25152 + YEARS + PENALTY ASSESSMENT REVOCATION
(KITHIH 7 YEARS)
'/= 50 days e~JditioP~t jail time and 18 months suspension for' faitur'e to successfuSty complete S9-38; per CVC 23168 defendant
mev-"~ition court foc ramoval of license restriction after' 6 months in the program.
I 2 ~ ~ 5 6 7
~__,~...
FL 23180 N/A N/A $390 TO $1,000 ONE YEAR 90 DAYS TO ONE YEAR
23153 ++ + PENALTY ASSESSMENT SUSPENSION (Co. JAIL OR PRISON)
FIRST 23181 3 TO 5 FOP $390 TO S1~000 ONE YEAR FIVE DAYS TO ONE YEAR
23153 ++ YEARS + PENALTY ASSESSIlENT SUSPENSION
23153 ++ 23185 H/A N/A S390 TO $I,000 THREE YEAR 120 DAYS TO ONE YEAR
W/PRIOR 23152 + PENALTY ASSESSMENT REVOCATION (CO. JAIL OR PRISON)
OR 2~155 W/IN ? YEARS
23153 ++ 23186(A) 3 TO 5 N/A $390 TO $1,000 THREE YEAR MINIMUM 120 DAYS
~/PRIOR 23152 YEARS + PENALTY ASSESSIlENT REVOCATION
OR 231~3 W/IN 7 YEARS
23153 ++ 23186(8) 3 TO 5 S8o38 $390 TO $1,000 1YR SUSPENSION 30 DAYS TO ONE YEAR
~/PRIOR 23152 YEARS + PENALTY ASSESSMENT PLUS Z YR
OR 23153 W/IN ? YEARS RESTRICTION
23153 ++ 23190 N/A R/A S1,015 TO $5°000 FIVE YEAR TWO, THREE OR FOUR
W/T~O PRIORS + PENALTY ASSESSMENT REVOCATiON YEARS (STATE PRISON)
W/IN ? YEARS
23153 ++ 23191(A) 3 TO 5 N/A $1,015 TO $5~000 FIVE YEAR ONE YEAR MINIMUM
W/Tba3 PRIORS YEARS + PENALTY ASSESSI4ENT REVOCATION
W/IN ? YEARS
2.f'''''+ 23191(B) 3 TO 5 SB-]8 S~90 TO S1,000 FIVE YEAR ORE YAR MINIHUN
Wi PRIORS YEARS + PENALTY ASSESSMENT REVOCATIOR
W/IN 7 YEARS
23152: DRUNK DRIVING WITHOUT AN INJURY.
23153: DRUNK DRIVING WITH INJURY TO PERSON OTHER THAN THE DRUNK DRIVER,
CVC 23187(8) 90 DAYS JAiL TIME AND THREE YEAR LICENSE REVOCATION FOR FAILURE TO SUCCESSFULLY COMPLETE S8-38 PROGRAM.
PC 1203.1 MUST MAKE RESTITUTION,
/EHICLE COUE ENRANCENENTS:
73161 - Terms of probation for first offense of 23152,
731~ - Ter~ of pr~ticxq for se~ offense of 23152.
73186 - Additiofia& penattiee for 23153 w/prior.
73206.1 - Additions& permitfee for refusing test; additionat permtties for SA of .20 or higher.
73167 - Revocation of probation for faiture to comptete education prngrm (FOP or SB~38) or other conditions of probation.
!3171(c) - Terms of probation for third offense of Z315Z.
73176 - Terms of probation & penarty for fourth offense of 23152,
73181 - Term of probation for first offense of 23153.
73182 - Penarty of one additionat year for each victim; up to three years.
!3186 - Term of probation for second offense of 23153.
!3191~_Zerms of probation for third offense of 23153.
!320E For second and subsequent offenses, requires at teast 48 consecutive hours jait time OR ten days of coa~unity service.
7/12/~
Attachment 2
PAGE 1
LEGISLATIVE COUNSEL'S DIGEST
JILL NUMBER: AB 2751
lAST AMENDED DATE: 05/18/88
AB 2751, as amended, Hanson. Driving offenses.
(1) Under existing law, a person convicted of driving under the influence
)f an alcoholic beverage, any drug, or both, driving with an excessive
)lood-alcohol concentration, or driving when addicted to any drug, and who has
lad 3 or more separate convictions within 7 years is required to be sentenced
:o imprisonment in the county jail for not less than 180 days nor more than
>no year and to pay a fine of not less than $390 nor more than $1,000. The
~erson's driving privilege is also required to be revoked for a specified
)eriod. If that person is granted probation, the court is required to impose
is a condition of probation, among other things, that the person be confined
.n the county jail for at least 180 days and pay that fine.
Alternatively, if probation is granted, the court may require the person to
~erve 30 days to one year in the county jail and to participate for 30 months
.n a specified alcohol treatment program, in addition to the specified fine.
Thus, the offense is a misdemeanor.
Existing law provides that the term of imprisonment in the state prison for
~ felony is 16 months.~ years, or 3 years unless otherwise provided.
!i.~.O~"n~t ~ss than $390~ ner-~re The' term of tha~ '
~ba~
mp Dnment would be 16 months~ 2 years, or 3 years pursuant to existing law,
,monff-other thin~°ald' if t~~~~,~.~]. ~ ~']~ I, instea~
.he hill woul~mpose~a~e-mandated lo~al program by changing the
lefinition of a crime.
The bill would delete a reference in those provisions to an obsolete
lternative probation provision relating to serving of sentence in an alcohol
ehabilitation facility as a condition of probation and would make
echnical changes .
(2) The~rnia Constitution requires the state to reimburse local
9encies and school districts for certain costs mandated by the state.
:tatutory provisions establish procedures for making that reimbursement.
This bill would provide that for certain costs no reimbursement is required
,y this act for a specified reason.
Vote: majority. Appropriation: yes no Fiscal committee: yes.
:tate-mandated local program: yes.
5' r)
Attachment 3
LEGISLATIVE COUNSEL'S DIGEST
LL N~MBER: SB 2073
ST ~NDED DATE: 06/01/88
SB 2073, as amended, C. Green. Driving offenses.
(1) Under existing law, if a person is convicted of driving a vehicle while
der the influence of an alcoholic beverage, any drug, or the combined
fluence of an alcoholic beverage and a drug, or driving with an excessive
ood alcohol concentration, and if the person also does any act forbidden by
w or neglects any duty imposed by law in the driving of the vehicle, which
t or neglect proximately causes bodily injury to any person other than the
iver, or if the person unlawfully kills a human being in the
iving o"[ t'F[e'~hlc~, the driver 5 req~ire"~'d"[o'~[ sentenced to
nl"~e~'6 w~ch"I~es imprisonment in the state prison or in the county
il for specified terms if there is not more than one separate conviction of
iving under the influence or with excessive blood alcohol within 5 years of
e offense in issue. If there are 2 or more prior convictions, the person is
quired to be sentenced to punishment which includes imprisonment in the
ate prison for 2, 3, or 4 years. Existing law also provides that if the
nishment imposed for a crime is imprisonment in the county jail, the crime
a misdemeanor.
Existing law also requires the enhancement of the sentence of any person
o causes bodily injury to more than one victim in any one instance of
iving a vehicle while under the influence of an alcoholic beverage, any
ug, or both, or driving with an excessive blood alcohol concehtration a~d
o ? 7onvicted of a felony, if the bodily injury to each additional victim
ck ged and found by the trier of fact, as specified. The enhancement is
quired to be one year imprisonment in the state prison for each additional
jured victim, not to exceed a total enhancement of 3 years. Existing law
so, notwithstanding any other provision of law, authorizes a court to strike
e enhancements for more than one victim if it makes speci.fied findings and
ates its rea
than one
.cle whil~
of ~
injur]~
been ~
(2) The California Constitution requires the state to reimburse local
encies and schooI districts for certain costs mandated by the state.
atutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a
ecified reason.
Vote: majority~ Appropriation: no. Fiscal committee: yes.
ate-mandated local program: yes.
Attachment 4
June 13, 1988
TO: The Honorable Mayor and City Council
VIA: Legislative Committee
FROM: Legislative Subcommittee to toughen drunk driving laws (Nader &
Malcolm)
SUBJECT: Council Referral Re: Request to legislators to toughen drunk
driving laws
At its June 16, 1987 meeting, Council requested that a subcommittee comprised
of Councilman Nader and Councilman Malcolm work with the Legislative Committee
to encourage local legislators to toughen drunk driving laws. In response,
the subcon~nittee is recommending that a letter be prepared for the Mayor's
signature asking local legislators to support and/or introduce legislation
which will accomplish the following:
1. Make it a charge of second degree murder if an individual, with a prior
drunk driving conviction, is convicted of driving under the influence and
that driving incident results in a death. Under current law, .vehicular
manslaughter committed while driving under the influence, withbut gross
~ negligence, is an alternative felony/misdemeanor, punishable by up to 1
year in county jail, or 16 month, 2 or 3 years in state prison.
Punishment for individuals with prior convictions, within 7 years, is a
maximum 2, 3, or 4 years in state prison.
2. Make is a felony to drive on a revoked or suspended license for substance
abuse or related incidents.
3. Permanently revoke licenses on second or subsequent convictions for
driving under the influence. However, notwithstanding this action, grant
the Department of ~tor Vehicles (DMV) the discretion to reinstate revoked
licenses on evidence of successful completion of a "certified" substance
abuse recovery program.
4. Change the maximum fine for drunk driving convictions to the current
maximum or 2% of gross income, whichever is greater, and allow State W-2's
to be permitted as evidence of income. The current maximum fine ranges
from $390 to $1,OO0 for repeat offenders.
The Subcommittee's recommendations are consistent with Council's direction and
Section IH(E) Public Safety of the 1987-88 Legislative Program; therefore, no
official Council action is required. Accordingly, it is staff's intent to
prepare a letter for the Mayor's signature to local legislators addressing the
above recommendations and encouraging support and introduction of legislation
to toughen drunk driving laws, unless otherwise directed.
I~"~u have any~ question, please call Sid Morris or Iracsema Olivo at 691-5031.
WPC 2211A